Brunson v. Volunteer Carriage Co.
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. Bobert F. Cochran, Judge. The Carriage Company, appellee, was plaintiff in the court •below; Brunson, appellee, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme «court.
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From the circuit court of Lauderdale county. Hon. Bobert F. Cochran, Judge. The Carriage Company, appellee, was plaintiff in the court •below; Brunson, appellee, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme «court. The appellee instituted this, its suit in replevin before a justice of the peace; the affidavit charging that the defendant, wrongfully detained a No. 379 runabout in leather seat,, trimmed with % rubber tires, of the value of $83.” The-justice of the peace issued a writ describing the property as; above, and at the trial the…
1Opinion of the CourtWhitfield, C. J.
The plaintiff had the burden of showing the right of possession to the identical property in question, and we think it failed to meet this requirement. It seems clear that the-note for $135.60 was not given for the purchase money of this particular-*796buggy; nor is there any satisfactory evidence that the Anderson vehicle rubber-tired runabout mentioned in the note was the. buggy involved in this suit. The note was given for different vehicles from the one here sued for, so far as the testimony discloses.
The order that was introduced does not describe the buggy as the one in the affidavit is…
2Cited by8 opinions
- Garmon v. FitzgeraldMississippi Supreme Court · 1934
- Robinson v. Friendly Finance Co. of Biloxi, Inc.Mississippi Supreme Court · 1961
- Patrick v. Michigan National BankMississippi Supreme Court · 1969
- Evans v. Junius Hart Piano HouseMississippi Supreme Court · 1925
- Johnson v. SandersMississippi Supreme Court · 1927
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